Loading judgment…
Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2013-14. The assessee subsequently filed an application for withdrawal of the appeal as they had availed the benefit of the 'Vivad Se Vishwas Scheme 2024' and resolved the dispute.
Held
The Tribunal dismissed the appeal as withdrawn, considering the settlement of dispute under the 'Vivad Se Vishwas Scheme'. It was clarified that the appeal could be revived if the assessee failed to avail the full benefit of the scheme due to technicalities.
Key Issues
Whether the appeal should be dismissed as withdrawn due to the assessee availing the benefit of the Vivad Se Vishwas Scheme?
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI RAJPAL YADAV & SHRI MANOJ KUMAR AGGARWAL
O R D E R PER RAJ PAL YADAV, VP The assessee is in appeal before the Tribunal against the order of the Commissioner of Income Tax (Appeals) [in short ‘the CIT (A)’] dated 104.10.2024 passed for assessment year 2013-14.
The assessee has filed an application for withdrawal of this appeal on the ground that he has availed benefit of 'Vivad A.Y.2013-14 2 Se Vishwas Scheme 2024’ and he has resolved the dispute with the Revenue under this Scheme. Necessary certificate in Form No.2 under Rule 5 has been issued to him which is placed on record.
Considering the prayer of the assessee, this appeal is dismissed as withdrawn because in view of this settlement of dispute under 'Vivad Se Vishwas Scheme', it becomes infructuous. However, it is made clear that in case, on account of some technicalities, assessee failed to avail the full benefit of this Scheme, then both sides will be at liberty to get the appeal revived after filing of application under Section 254(2) of the Income Tax Act. Such application be filed within due date of limitation provided under this Scheme.
In the result, appeal of the assessee is dismissed as withdrawn.